How Hitler Became a Dictatorby Jacob G. Hornberger, Posted June 28, 2004

Whenever U.S. officials wish to demonize someone, they inevitably compare him to Adolf Hitler. The message immediately resonates with people because everyone knows that Hitler was a brutal dictator.

But how many people know how Hitler actually became a dictator? My bet is, very few. I’d also bet that more than a few people would be surprised at how he pulled it off, especially given that after World War I Germany had become a democratic republic.

The story of how Hitler became a dictator is set forth in The Rise and Fall of the Third Reich, by William Shirer, on which this article is based.

In the presidential election held on March 13, 1932, there were four candidates: the incumbent, Field Marshall Paul von Hindenburg, Hitler, and two minor candidates, Ernst Thaelmann and Theodore Duesterberg. The results were:

At the risk of belaboring the obvious, almost 70 percent of the German people voted against Hitler, causing his supporter Joseph Goebbels, who would later become Hitler’s minister of propaganda, to lament in his journal, “We’re beaten; terrible outlook. Party circles badly depressed and dejected.”

Since Hindenberg had not received a majority of the vote, however, a runoff election had to be held among the top three vote-getters. On April 19, 1932, the runoff results were:

Hindenburg 53.0 percentHitler 36.8 percentThaelmann 10.2 percent

Thus, even though Hitler’s vote total had risen, he still had been decisively rejected by the German people.

On June 1, 1932, Hindenberg appointed Franz von Papen as chancellor of Germany, whom Shirer described as an “unexpected and ludicrous figure.” Papen immediately dissolved the Reichstag (the national congress) and called for new elections, the third legislative election in five months.

Hitler and his fellow members of the National Socialist (Nazi) Party, who were determined to bring down the republic and establish dictatorial rule in Germany, did everything they could to create chaos in the streets, including initiating political violence and murder. The situation got so bad that martial law was proclaimed in Berlin.

Even though Hitler had badly lost the presidential election, he was drawing ever-larger crowds during the congressional election. As Shirer points out,

In one day, July 27, he spoke to 60,000 persons in Brandenburg, to nearly as many in Potsdam, and that evening to 120,000 massed in the giant Grunewald Stadium in Berlin while outside an additional 100,000 heard his voice by loudspeaker.

Hitler’s rise to power

The July 31, 1932, election produced a major victory for Hitler’s National Socialist Party. The party won 230 seats in the Reichstag, making it Germany’s largest political party, but it still fell short of a majority in the 608-member body.

On the basis of that victory, Hitler demanded that President Hindenburg appoint him chancellor and place him in complete control of the state. Otto von Meissner, who worked for Hindenburg, later testified at Nuremberg,

Hindenburg replied that because of the tense situation he could not in good conscience risk transferring the power of government to a new party such as the National Socialists, which did not command a majority and which was intolerant, noisy and undisciplined.

Political deadlocks in the Reichstag soon brought a new election, this one in November 6, 1932. In that election, the Nazis lost two million votes and 34 seats. Thus, even though the National Socialist Party was still the largest political party, it had clearly lost ground among the voters.

Attempting to remedy the chaos and the deadlocks, Hindenburg fired Papen and appointed an army general named Kurt von Schleicher as the new German chancellor. Unable to secure a majority coalition in the Reichstag, however, Schleicher finally tendered his resignation to Hindenburg, 57 days after he had been appointed.

On January 30, 1933, President Hindenburg appointed Adolf Hitler chancellor of Germany. Although the National Socialists never captured more than 37 percent of the national vote, and even though they still held a minority of cabinet posts and fewer than 50 percent of the seats in the Reichstag, Hitler and the Nazis set out to to consolidate their power. With Hitler as chancellor, that proved to be a fairly easy task.

The Reichstag fire

On February 27, Hitler was enjoying supper at the Goebbels home when the telephone rang with an emergency message: “The Reichstag is on fire!” Hitler and Goebbels rushed to the fire, where they encountered Hermann Goering, who would later become Hitler’s air minister. Goering was shouting at the top of his lungs,

This is the beginning of the Communist revolution! We must not wait a minute. We will show no mercy. Every Communist official must be shot, where he is found. Every Communist deputy must this very day be strung up.

The day after the fire, the Prussian government announced that it had found communist publications stating,

Government buildings, museums, mansions and essential plants were to be burned down... . Women and children were to be sent in front of terrorist groups.... The burning of the Reichstag was to be the signal for a bloody insurrection and civil war.... It has been ascertained that today was to have seen throughout Germany terrorist acts against individual persons, against private property, and against the life and limb of the peaceful population, and also the beginning of general civil war.

So how was Goering so certain that the fire had been set by communist terrorists? Arrested on the spot was a Dutch communist named Marinus van der Lubbe. Most historians now believe that van der Lubbe was actually duped by the Nazis into setting the fire and probably was even assisted by them, without his realizing it.

Why would Hitler and his associates turn a blind eye to an impending terrorist attack on their national congressional building or actually assist with such a horrific deed? Because they knew what government officials have known throughout history — that during extreme national emergencies, people are most scared and thus much more willing to surrender their liberties in return for “security.” And that’s exactly what happened during the Reichstag terrorist crisis.

Suspending civil liberties

The day after the fire, Hitler persuaded President Hindenburg to issue a decree entitled, “For the Protection of the People and the State.” Justified as a “defensive measure against Communist acts of violence endangering the state,” the decree suspended the constitutional guarantees pertaining to civil liberties:

Restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press; on the rights of assembly and association; and violations of the privacy of postal, telegraphic and telephonic communications; and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

Two weeks after the Reichstag fire, Hitler requested the Reichstag to temporarily delegate its powers to him so that he could adequately deal with the crisis. Denouncing opponents to his request, Hitler shouted, “Germany will be free, but not through you!” When the vote was taken, the result was 441 for and 84 against, giving Hitler the two-thirds majority he needed to suspend the German constitution. On March 23, 1933, what has gone down in German history as the “Enabling Act” made Hitler dictator of Germany, freed of all legislative and constitutional constraints.

The judiciary under Hitler

One of the most dramatic consequences was in the judicial arena. Shirer points out,

Under the Weimar Constitution judges were independent, subject only to the law, protected from arbitrary removal and bound at least in theory by Article 109 to safeguard equality before the law.

In fact, in the Reichstag terrorist case, while the court convicted van der Lubbe of the crime (who was executed), three other defendants, all communists, were acquitted, which infuriated Hitler and Goering. Within a month, the Nazis had transferred jurisdiction over treason cases from the Supreme Court to a new People’s Court, which, as Shirer points out,

soon became the most dreaded tribunal in the land. It consisted of two professional judges and five others chosen from among party officials, the S.S. and the armed forces, thus giving the latter a majority vote. There was no appeal from its decisions or sentences and usually its sessions were held in camera. Occasionally, however, for propaganda purposes when relatively light sentences were to be given, the foreign correspondents were invited to attend.

One of the Reichstag terrorist defendants, who had angered Goering during the trial with a severe cross-examination of Goering, did not benefit from his acquittal. Shirer explains:

The German communist leader was immediately taken into “protective custody,” where he remained until his death during the second war.

In addition to the People’s Court, which handled treason cases, the Nazis also set up the Special Court, which handled cases of political crimes or “insidious attacks against the government.” These courts

consisted of three judges, who invariably had to be trusted party members, without a jury. A Nazi prosecutor had the choice of bringing action in such cases before either an ordinary court or the Special Court, and invariably he chose the latter, for obvious reasons. Defense lawyers before this court, as before the Volksgerichtshof, had to be approved by Nazi officials. Sometimes even if they were approved they fared badly. Thus the lawyers who attempted to represent the widow of Dr. Klausener, the Catholic Action leader murdered in the Blood Purge, in her suit for damages against the State were whisked off to Sachsenhausen concentration camp, where they were kept until they formally withdrew the action.

Even lenient treatment by the Special Court was no guarantee for the defendant, however, as Pastor Martin Niemoeller discovered when he was acquitted of major political charges and sentenced to time served for minor charges. Leaving the courtroom, Niemoeller was taken into custody by the Gestapo and taken to a concentration camp.

The Nazis also implemented a legal concept called Schutzhaft or “protective custody” which enabled them to arrest and incarcerate people without charging them with a crime. As Shirer put it,

Protective custody did not protect a man from possible harm, as it did in more civilized countries. It punished him by putting him behind barbed wire.

On August 2, 1934, Hindenburg died, and the title of president was abolished. Hitler’s title became Fuehrer and Reich Chancellor. Not surprisingly, he used the initial four-year “temporary” grant of emergency powers that had been given to him by the Enabling Act to consolidate his omnipotent control over the entire country.

Accepting the new order

Oddly enough, even though his dictatorship very quickly became complete, Hitler returned to the Reichstag every four years to renew the “temporary” delegation of emergency powers that it had given him to deal with the Reichstag-arson crisis. Needless to say, the Reichstag rubber-stamped each of his requests.

For their part, the German people quickly accepted the new order of things. Keep in mind that the average non-Jewish German was pretty much unaffected by the new laws and decrees. As long as a German citizen kept his head down, worked hard, took care of his family, sent his children to the public schools and the Hitler Youth organization, and, most important, didn’t involve himself in political dissent against the government, a visit by the Gestapo was very unlikely.

Keep in mind also that, while the Nazis established concentration camps in the 1930s, the number of inmates ranged in the thousands. It wouldn’t be until the 1940s that the death camps and the gas chambers that killed millions would be implemented. Describing how the average German adapted to the new order, Shirer writes,

The overwhelming majority of Germans did not seem to mind that their personal freedom had been taken away, that so much of culture had been destroyed and replaced with a mindless barbarism, or that their life and work had become regimented to a degree never before experienced even by a people accustomed for generations to a great deal of regimentation.... The Nazi terror in the early years affected the lives of relatively few Germans and a newly arrived observer was somewhat surprised to see that the people of this country did not seem to feel that they were being cowed.... On the contrary, they supported it with genuine enthusiasm. Somehow it imbued them with a new hope and a new confidence and an astonishing faith in the future of their country.

Jacob Hornberger is founder and president of The Future of Freedom Foundation. Send him email.

This article originally appeared in the March 2004 edition of Freedom Daily.

About the disease1 May 2009How do people become infected with influenza A(H1N1)?Outbreaks in humans are now occurring from human-to-human transmission. When infected people cough or sneeze, infected droplets get on their hands, drop onto surfaces, or are dispersed into the air. Another person can breathe in contaminated air, or touch infected hands or surfaces, and be exposed. To prevent spread, people should cover their mouth and nose with a tissue when coughing, and wash their hands regularly.

What are the signs and symptoms of infection?Early signs of influenza A(H1N1) are flu-like, including fever, cough, headache, muscle and joint pain, sore throat and runny nose, and sometimes vomiting or diarrhoea. Regarding study of the first outbreak, have you received any feedback from the WHO team sent to Mexico to investigate the outbreak?

Teams are already sending epidemiological evidence but we will know more over the next few days.

Is there any confirmation of transmission between pigs and humans at this point?

No.Is there any information on the economic impact of the outbreak so far?

No.Why are we so worried about this pandemic possibility when thousands die every year from seasonal epidemics?

Seasonal epidemics occur every year and we are able to treat the virus with seasonal vaccines. A pandemic is a worldwide epidemic. It is a new virus and one to which the populations will have no immunity.

Influenza A(H1N1) - update 6 May 2009 -- As of 06:00 GMT, 6 May 2009, 22 countries have officially reported 1516 cases of influenza A (H1N1) infection.Mexico has reported 822 laboratory confirmed human cases of infection, including 29 deaths. The United States has reported 403 laboratory confirmed human cases, including one death.

Related linksMap of the spread of Infuenza A(H1N1): number of laboratory confirmed cases and deaths [jpg 416kb]As of 6 May 2009, 06:00 GMT

Influenza A(H1N1) web siteDaily updates will be posted on this site.

It is considered prudent for people who are ill to delay international travel and for people developing symptoms following international travel to seek medical attention, in line with guidance from national authorities. Individuals are advised to wash hands thoroughly with soap and water on a regular basis and should seek medical attention if they develop any symptoms of influenza-like illness. WHO advises no restriction of regular travel or closure of borders. There is no risk of infection from this virus from consumption of well-cooked pork and pork products.

Further information on the situation will be available on the WHO website on a regular basis.

Malin KundangA long time ago, in a small village near the beach in West Sumatera, lived a woman and her son, Malin Kundang. Malin Kundang’s father had passed away when he was a baby, and he had to live hard with his mother.

Malin Kundang was a healthy, dilligent, and strong child. He usually went to the sea to catch fish, and brought it to his mother, or sold it in the town.One day, when Malin Kundang was sailing as usual, he saw a merchant’s ship which was being raided by a small band of pirates. With his brave and power, Malin Kundang defeated the pirates. The merchant was so happy and asked Malin Kundang to sail with him. Malin Kundang agreed.

Many years later, Malin Kundang became a wealthty merchant, with a huge ship, loads of trading goods, many ship crews, and a beautiful wife. In his journey, his ship landed on a beach. The villagers reconigzed him, and the news ran fast in the town: Malin Kundang became a rich man and now he is here. His mother, in deepful sadnees after years of loneliness, ran to the beach to meet her beloved son again.

When the mother came, Malin Kundang, in front of his well dressed wife, his crews and his own gloriness, denied to meet that old, poor and dirty woman. For three times she begged Malin Kundang and for three times yelled at him. At last Malin Kundang said to her “Enough, old woman! I have never had a mother like you, a dirty and ugly peasant!” Then he ordered his crews to set sail.

Enraged, she cursed Malin Kundang that he would turn into a stone if he didn’t apologize. Malin Kundang just laughed and set sail. In the quiet sea, suddenly a thunderstorm came. His huge ship was wrecked and it was too late for Malin Kundang to apologized. He was thrown by the wave out of his ship, fell on a small island, and suddenly turned into stone.

Another VersionThe legendary story is said to be originated here in Padang where the remains of “Batu Malin Kundang” is located.

Malin Kundang who hails from a poor family. Just like any other Minang men, Malin Kundang decided to travel elsewhere to seek good fortune, leaving behind his old mother. His life changed when he married the daughter of a rich man in Siam. Soon after achieving success and gaining great fortune he sailed back homeward on his own ship to Padang together with his wife and crews.

Upon hearing of Malin Kundang’s return, his mother rushed to the beach to meet her long lost son. Unfortunately, Malin Kundang felt ashamed upon looking at his old and poor mother - he was a rich man with fine clothing and a beautiful wife while his mother was looking ragged and poor as she was. In his undisguised disgust he ignored his mother, refused to greet her and returned to his ship.

Humiliated and heartbroken by her arrogant son’s behavior, his mother fell to her knees in desperation and prayed to God asking that her son be punished for what he did. Soon a terrible storm rose up and Malin Kundang’s ship was wrecked upon the rocks. Realising his mistake and sin for ignoring his mother, the badly injured Malin Kundang tried to get ashore to seek forgiveness from his mother but as he crawled on his hands and knees he was suddenly turned into stone.

Until today, a stone that from a certain angle resembles the figure of a man on his hands and knees with his head seemingly buried in the rock can still be found here in Pantai Air Manis. It is said that Malin Kundang has been forced to stay on the beach forever, begging for forgiveness from his mother. Around this rocky figure barrels and ropes have been carved into the stone to represent the shipwreck washed up on the shore. The tale of an ungratefull son makes the tranquil Pantai Air Manis a legendary location to visit that may offer some lesson in life.